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(영문) 서울서부지방법원 2018.01.25 2016고단3960

농수산물의원산지표시에관한법률위반방조등

Text

Defendant

A Imprisonment with prison labor of one year and four months and fine of thirty million won, Defendant B’s imprisonment with prison labor of nine months and fine of ten million won, and Defendant B.

Reasons

Punishment of the crime

1. Defendant A was engaged in the business of importing and selling ginseng concentrate in the trade name “H” between around 2006 and around 2008, and between around 2012 and June 2014, Defendant A was engaged in the business of importing and selling Korean ginseng concentrate in the trade name “I”. From around July 9, 2014 to around July 9, 2014, Defendant A was engaged in the business of importing and selling Korean ginseng concentrate among the representative directors of “K Co., Ltd.”.

On September 9, 2014, the Defendant, while not issuing a tax invoice from N in the Red Ginseng Manufacturing Business Co., Ltd., Ltd. (hereinafter “M”), was aware of the fact that N was to manufacture and sell a fake red ginseng product with N in the Republic of Korea’s agricultural concentration as non-materials, and that N was aware of the fact that N was to manufacture and sell a fake ginseng product with N in the Republic of Korea’s agricultural concentration value.

Therefore, the Defendant received contact from the above N and M from September 12, 2014 to September 22, 2016 by the head of the factory, and the Defendant: (a) opened a secret warehouse located in the vicinity of the above MM and opened up the amount equivalent to 26,550 Kg of domestic ginseng’s concentration with non-data; (b) received the sales proceeds from the Defendant’s transfer to P, Q and R’s account in the name of P, Q and R; and (c) issued a confirmation of the fact of false ginseng transactions and a confirmation letter of cultivation to the above N, etc.

N andO, from November 17, 2014 to September 22, 2016, in M factories, (i) manufactured the concentration of domestic ginseng and the concentration of domestic red ginseng purchased from the Defendant by mixing it with approximately KRW 5:5 percentage, and then subdivided it into 20 kilograms in 20km plastic format, and then sells to that company an amount equivalent to KRW 50,440 Kg market price of KRW 7.84,056 million in total in the column of origin of the package box so that S can be exported to Japan by means of false indication in the column of origin of the package box; and (ii) from the Defendant, the Defendant.